INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 17, 2018 No. 4867-U

About modification of the Provision of the Bank of Russia of April 22, 2015 No. 467-P "About procedure for accreditation of representative office of foreign credit institution by the Bank of Russia, accreditation of foreign citizens which will perform labor activity in representative office of foreign credit institution, and control of activities of representative office of foreign credit institution"

1. Based on part one of article 52 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 26, Art. 3891; No. 27, Art. 4225, Art. 4273, Art. 4295; 2017, No. 1, Art. 46; No. 14, Art. 1997; No. 18, Art. 2661, Art. 2669; No. 27, Art. 3950; No. 30, Art. 4456; No. 31, Art. 4830; No. 50, Art. 7562; 2018, No. 1, Art. 66; No. 9, Art. 1286; No. 11, Art. 1584, Art. 1588; No. 18, the Art. 2557), parts eleven, the thirteenth and fourteenth article 22 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, No. 27, Art. 357; Russian Federation Code, 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 1999, No. 28, Art. 3459, Art. 3469; 2001, No. 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, No. 27, Art. 2700; No. 50, Art. 4855; No. 52, Art. 5033, Art. 5037; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 1, Art. 18, Art. 45; No. 30, Art. 3117; 2006, No. 6, Art. 636; No. 19, Art. 2061; No. 31, Art. 3439; No. 52, Art. 5497; 2007, No. 1, Art. 9; No. 22, Art. 2563; No. 31, Art. 4011; No. 41, Art. 4845; No. 45, Art. 5425; No. 50, Art. 6238; 2008, No. 10, Art. 895; 2009, No. 1, Art. 23; No. 9, Art. 1043; No. 18, Art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, Art. 5731; No. 52, Art. 6428; 2010, No. 8, Art. 775; No. 27, Art. 3432; No. 30, Art. 4012; No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6730; No. 49, Art. 7069; No. 50, Art. 7351; 2012, No. 27, Art. 3588; No. 31, Art. 4333; No. 50, Art. 6954; No. 53, Art. 7605, Art. 7607; 2013, No. 11, Art. 1076; No. 19, Art. 2317, Art. 2329; No. 26, Art. 3207; No. 27, Art. 3438, Art. 3477; No. 30, Art. 4084; No. 40, Art. 5036; No. 49, Art. 6336; No. 51, Art. 6683, Art. 6699; 2014, No. 6, Art. 563; No. 19, Art. 2311; No. 26, Art. 3379, Art. 3395; No. 30, Art. 4219; No. 40, Art. 5317, Art. 5320; No. 45, Art. 6144, Art. 6154; No. 49, Art. 6912; No. 52, Art. 7543; 2015, No. 1, Art. 37; No. 17, Art. 2473; No. 27, Art. 3947, Art. 3950; No. 29, Art. 4355, Art. 4357, Art. 4385; No. 51, Art. 7243; 2016, No. 1, Art. 23; No. 15, Art. 2050; No. 26, Art. 3860; No. 27, Art. 4294, Art. 4295; 2017, No. 14, Art. 2000; No. 18, Art. 2661, Art. 2669; No. 25, Art. 3596; No. 30, Art. 4456; No. 31, Art. 4754, Art. 4761, Art. 4830; 2018, No. 1, Art. 66; No. 18, of the Art. 2576) to bring in the Provision of the Bank of Russia of April 22, 2015 No. 467-P "About procedure for accreditation of representative office of foreign credit institution by the Bank of Russia, accreditation of foreign citizens which will perform labor activity in representative office of foreign credit institution, and control of activities of representative office of foreign credit institution", registered by the Ministry of Justice of the Russian Federation on August 28, 2015 No. 38732, on April 28, 2017 No. 46542, the following changes.

1.1. In Item 1.2 to replace the word "requests" with the word "statements".

1.2. In Item 2.1:

in subitem 2.1.7 of the word "location" to replace with the word "address", to exclude the words "locations";

state subitem 2.1.8 in the following edition:

"2.1.8. The notarized copy of the power of attorney issued to the head of representation or the authorized person on provision of powers for implementation of interaction with the Bank of Russia concerning accreditation.";

in subitem 2.1.15 of the word", filled in Russian" to exclude;

state subitem 2.1.16 in the following edition:

"2.1.16. Documents for personal accreditation of the foreign citizen, stipulated in Item 3.7 this provision.".

1.3. State Item 2.2 in the following edition:

"2.2. If in the set of documents provided to the Bank of Russia there are no information and (or) documents provided by subitems 2.1.1 - 2.1.16 Items 2.1 of this provision, the Bank of Russia for decision making about accreditation of representation requests missing information and (or) documents from foreign credit institution. The foreign credit institution shall provide in the Bank of Russia the requested information and (or) documents in time which is not exceeding 30 working days from the date of receipt of the corresponding request.".

1.4. In Item 2.4:

state subitem 2.4.5 in the following edition:

"2.4.5. Availability of the bases for refusal in personal accreditation of the foreign citizen specified in Item 3.10 of this provision.";

subitems 2.4.6 - 2.4.8 to recognize invalid;

add with subitem 2.4.11 of the following content:

"2.4.11. Concerning the head (deputy manager) of representation one of the following bases is revealed at least:

lack of the higher legal or economic education (in the presence of the higher education other than the higher legal or economic education, - lack of length of service in the bank sphere within one year);

implementation of labor activity as the head (deputy manager) of representation which accreditation was terminated the decision of the Bank of Russia in the cases established by subitems 7.1.2 and 7.1.5 of Item 7.1 of this provision within 5 years preceding day of submission to the Bank of Russia of documents for appointment of the specified person to position of the head (deputy manager) of other representation;

implementation of labor activity as the head, the deputy manager, the member of collegiate executive body, the chief accountant, the deputy chief accountant in the Russian credit institution, the head, the chief accountant of branch of the Russian credit institution, and also availability of the bases, stipulated in Item 1 parts one of article 16 of the Federal law "About Banks and Banking Activity".".

1.5. "Complete" to add Item 2.6 after the word with the words "and (or) reduced (in case of its availability)".

1.6. In Items 2.7 and 3.9 shall be replaced with words the word of "days" "working days".

1.7. In Item 3.1:

in paragraph one of the word "and deputy manager" shall be replaced with words "(deputy manager)";

state paragraph two in the following edition:

"For personal accreditation of the foreign citizens appointed to other positions in representation, prolongation of personal accreditation of foreign citizens - employees of representation, except the head (deputy manager) of representation, in addition to the documents specified in subitems 3.7.1 - 3.7.3 Items 3.7 of this provision, foreign credit institution represent the consent of specified persons to processing of their personal data to the Bank of Russia.".

1.8. Add Item 3.2 with the paragraph of the following content:

"The foreign credit institution within 30 working days from the date of appointment of the foreign citizen for implementation of labor activity in representation sends to the Bank of Russia documents, stipulated in Item 3.7 this provision.".

1.9. The paragraph one of Item 3.6 to state in the following edition:

"3.6. Action of personal accreditation of the foreign citizen is limited to the term of accreditation of representation and stops when closing representation or in case of completion of labor activity of the foreign citizen in representation.".

1.10. In Item 3.7:

add subitem 3.7.5 with the offer of the following content: "Concerning the foreign citizens appointed to other positions in representation data on their education and labor activity are represented.";

add with subitem 3.7.6 of the following content:

"3.7.6. Information necessary for entering of data into the state register of accredited branches, representations of foreign legal entities, on form according to Item 8 of article 21 of the Federal Law of July 9, 1999 No. 160-FZ "About foreign investments in the Russian Federation".".

1.11. In Item 3.10:

the paragraph one to state in the following edition:

"3.10. The Bank of Russia refuses personal accreditation of the foreign citizen (the employee of representation) in the presence of at least one of the bases specified in subitem 2.4.11 of Item 2.4 of this provision, and (or) one of the following bases.";

recognize subitems 3.10.1 and 3.10.5 invalid;

in subitem 3.10.6 to replace the word of "three" with figure "5".

1.12. Declare Item 3.11 invalid.

1.13. In Item 4.3:

the fourth to declare the paragraph invalid;

in subitem 4.3.1 of the word "location address of representation" shall be replaced with words "the address of representation";

state subitem 4.3.2 in the following edition:

"4.3.2. Data on the bank account details opened in credit institutions for ensuring activities of representation.";

add with subitem 4.3.9 of the following content:

"4.3.9. In the absence of the data specified in subitems 4.3.3 - 4.3.8 these Items, in the report information on it is reflected.".

1.14. State Item 4.5 in the following edition:

"4.5. The representation within 10 working days from the date of the happened changes informs the Bank of Russia on changes in staff of the foreign workers who are not heads, address modification of representation (informing on modification of regulations on representation, concerning address modification of representation, is performed according to the procedure, established by Chapter 5 of this provision) and on the events specified in subitem 4.3.5 of Item 4.3 of this provision.".

1.15. In Item 5.1 of the word "subitem 5.2.5" shall be replaced with words "subitems 5.2.5 and 5.2.6".

1.16. In subitem 5.2.6 of Item 5.2 of the word", filled in Russian" shall be replaced with words "(according to Item 8 of article 21 of the Federal Law of July 9, 1999 No. 160-FZ "About foreign investments in the Russian Federation")".

1.17. In Item 5.3 shall be replaced with words the word of "days" "working days", "subitems 5.2.1 - 5.2.6 Items 5.2" shall be replaced with words words "Item 5.2".

1.18. Item 5.4 in paragraph one "new" to replace the word with the word of "duplicate".

1.19. In Item 6.1:

add subitem 6.1.1 with words ", the address of representation and the planned number of foreign workers (in need of the statement foreign credit institution information, stipulated in Item 3.4 this provision joins)";

in subitem 6.1.3 the word "Copy" shall be replaced with words "The notarized copy";

in subitem 6.1.4 of the word", filled in Russian" shall be replaced with words "(according to Item 8 of article 21 of the Federal Law of July 9, 1999 No. 160-FZ "About foreign investments in the Russian Federation")".

1.20. State Item 6.3 in the following edition:

"6.3. The foreign credit institution addresses to the Bank of Russia for prolongation of term of accreditation of representation not later than 90 calendar days before its termination.

If in the set of documents provided to the Bank of Russia there are no information and (or) documents provided by subitems 6.1.1 - 6.1.4 Items 6.1 of this provision, the Bank of Russia for decision making about prolongation of accreditation of representation requests missing information and (or) documents from foreign credit institution. The foreign credit institution shall provide in the Bank of Russia the requested information and (or) documents in time which is not exceeding 30 working days from the date of receipt of the corresponding request.".

1.21. In Item 6.6 shall be replaced with words the word of "days" "working days", "subitems 6.1.1 - 6.1.4 Items 6.1 and Item 6.5" shall be replaced with words words "Items 6.1 and 6.5".

1.22. In Item 7.2:

in paragraph one shall be replaced with words the word of "days" "working days";

state subitem 7.2.3 in the following edition:

"7.2.3. Originals of documents on accreditation of representation from the moment of its opening (the certificate on accreditation, permission of the Bank of Russia to activities of representation with amendments to it).";

in subitem 7.2.4 the word "Copy" shall be replaced with words "The notarized copy";

in subitem 7.2.5 of the word", filled in Russian" shall be replaced with words "(according to Item 8 of article 21 of the Federal Law of July 9, 1999 No. 160-FZ "About foreign investments in the Russian Federation")".

1.23. State Items 7.3 and 7.4 in the following edition:

"7.3. For decision making about cancellation of accreditation of representation the Bank of Russia if necessary requests the additional information from foreign credit institution. The foreign credit institution provides in the Bank of Russia necessary information in time which is not exceeding 30 working days from the date of receipt of request.

7.4. On the original certificate about accreditation within 7 working days from the date of receipt of the documents specified in Item 7.2 of this provision the mark about loss of force is put down.".

1.24. In Item 7.5:

in paragraph one shall be replaced with words the word of "days" "working days", "subitems 7.1.2 - 7.1.5 Items 7.1" shall be replaced with words words "Item 7.1";

in paragraph three of the word "Certificate on Accreditation and Office" to replace with the word "Office", shall be replaced with words the word of "days" "working days".

1.25. State appendices 1 and 5 in edition of appendices 1 and 2 to this Instruction respectively.

1.26. In appendix "subitems 2.4.5 - 2.4.8" shall be replaced with words 2 words "subitems 2.4.5 and 2.4.11".

2. This Instruction becomes effective after 10 days after day of its official publication.

Appendix 1

to the Instruction of the Bank of Russia of July 17, 2018 No. 4867-U "About modification of the Provision of the Bank of Russia of April 22, 2015 No. 467-P "About procedure for accreditation of representative office of foreign credit institution by the Bank of Russia, accreditation of foreign citizens which will perform labor activity in representative office of foreign credit institution, and control of activities of representative office of foreign credit institution"

"Appendix 1

to the Provision of the Bank of Russia of April 22, 2015 No. 467-P "About procedure for accreditation of representative office of foreign credit institution by the Bank of Russia, accreditation of foreign citizens which will perform labor activity in representative office of foreign credit institution, and control of activities of representative office of foreign credit institution"

Form

CERTIFICATE
about accreditation of representative office of foreign credit institution
№__________

 

   Central Bank of the Russian Federation the representation is accredited

___________________________________________________________________________

                (full name of foreign credit institution)

___________________________________________________________________________

   (country of the location (registration) of foreign credit institution)

__________________________________________________________________________.

   (location of representative office of foreign credit institution)

   The representative office of foreign credit institution performs the

activities in accordance with the legislation of the Russian Federation.

   Number  of foreign  employees  of representation  of foreign

credit institution, including the head of representation of foreign

credit institution: _________________.

   The certificate is granted for a period of up to "__" __________ ____ years.

 

________________________________ __________________ _______________________

     (name of position)         (personal signature)      (initials, surname)

 

L. S.                                       "__" __________ ____ years".

 

Appendix 2

to the Instruction of the Bank of Russia of July 17, 2018 No. 4867-U "About modification of the Provision of the Bank of Russia of April 22, 2015 No. 467-P "About procedure for accreditation of representative office of foreign credit institution by the Bank of Russia, accreditation of foreign citizens which will perform labor activity in representative office of foreign credit institution, and control of activities of representative office of foreign credit institution"

"Appendix 5

to the Provision of the Bank of Russia of April 22, 2015 No. 467-P "About procedure for accreditation of representative office of foreign credit institution by the Bank of Russia, accreditation of foreign citizens which will perform labor activity in representative office of foreign credit institution, and control of activities of representative office of foreign credit institution"

Form

DECISION
about cancellation of accreditation of representation
foreign credit institution

 

"__" ___________ ____ years                                        No. ______

 

                                Moscow

 

   Central  Bank  of the Russian  Federation   based on  Article 22

The Federal  Law "About Banks and Banking Activity" made the decision about

 cancellation of accreditation in the Russian Federation representations

foreign credit institution

___________________________________________________________________________

               (full name of foreign credit institution)

___________________________________________________________________________

   (country of the location (registration) of foreign credit institution)

__________________________________________________________________________.

   (location of representative office of foreign credit institution)

 

Name of position ____________________________________________________

 

                                __________________ _______________________

                                  (personal signature)     (initials, surname)

 

   L. S.".

 

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